(PS) Garcia v. Lopez

Filing 4

ORDER signed by Chief District Judge Kimberly J. Mueller on 3/13/2020 ADOPTING in FULL 3 Findings and Recommendations. Plaintiff's Complaint is DISMISSED with prejudice. DENIED as MOOT 2 Motion to Proceed IFP, and the Clerk of Court is directed to close this case. CASE CLOSED (Reader, L)

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UNITED STATES DISTRICT COURT

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FOR THE EASTERN DISTRICT OF CALIFORNIA

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STEPHEN THUNDAR GARCIA,

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Plaintiff,

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No. 2:20–CV–249 KJM KJN (PS)
ORDER
(ECF Nos. 1, 2, 3)

v.
OSWALDO LOPEZ,

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Defendant.

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On February 20, 2020, the magistrate judge filed findings and recommendations (ECF

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No. 3), which were served on the parties and which contained notice that any objections to the

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findings and recommendations were to be filed within fourteen (14) days. No objections were

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filed.
The court presumes that any findings of fact are correct. See Orand v. United States,

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602 F.2d 207, 208 (9th Cir. 1979). The magistrate judge’s conclusions of law are reviewed

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de novo. See Robbins v. Carey, 481 F.3d 1143, 1147 (9th Cir. 2007) (“[D]eterminations of law

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by the magistrate judge are reviewed de novo by both the district court and [the appellate] court

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. . . .”). Having reviewed the file, the court finds the findings and recommendations to be

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supported by the record and by the proper analysis.

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Accordingly, IT IS HEREBY ORDERED that:

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1. The findings and recommendations (ECF No. 3) are ADOPTED IN FULL;

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2. Plaintiff’s Complaint (ECF No. 1) is DISMISSED WITH PREJUDICE;

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3. Plaintiff’s motion to proceed in forma pauperis (ECF No. 2) is DENIED AS MOOT;

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and
4. The Clerk of Court is directed to CLOSE this case.
DATED: March 13, 2020.

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